Sprint Communications Company LP v. Vonage Holdings Corp., et al Doc.

66
Case 2:05-cv-02433-JWL Document 66 Filed 02/17/2006 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS

SPRINT COMMUNICATIONS COMPANY L.P.,

Plaintiff,

v.
Case No. 05-2433 JWL
THEGLOBE.COM, INC.
VOICEGLO HOLDINGS, INC.,
VONAGE HOLDINGS CORP. and
VONAGE AMERICA, INC.

Defendants.

UNOPPOSED MOTION OF DEFENDANTS VONAGE HOLDINGS CORP.

AND VONAGE AMERICA, INC. FOR AN EXTENSION OF TIME
TO RESPOND TO PLAINTIFF’S MOTION FOR ENTRY
OF PROTECTIVE ORDER GOVERNING DISCOVERY THAT
INCLUDES AN IN-HOUSE COUNSEL PROVISION

COME NOW Defendants Vonage Holdings Corp. and Vonage America, Inc. ("Vonage")

and hereby move the Court to extend the time for all defendants within which to respond to

plaintiff’s Motion for Entry of Protective Order Governing Discovery that Includes an In-House

Counsel Provision. In support, Vonage states as follows:

1. Plaintiff Sprint filed its Motion for Entry of Protective Order Governing

Discovery that Includes an In-House Counsel Provision on February 6, 2006 ("Motion") (Doc.

55). Pursuant to Local Rule 6.1(d)(1), the original date for responding to said Motion is

February 21, 2006.

2. Defendants have requested no prior extensions of time with regard to the Motion.

3. Counsel for Plaintiff and both Defendants have been working in good faith to

come to an agreement with regard to a Protective Order. The parties are currently in agreement

regarding the language of most of the provisions of the proposed Protective Order submitted by

Dockets.Justia.com
 Case 2:05-cv-02433-JWL Document 66 Filed 02/17/2006 Page 2 of 3

Sprint. However, the parties continue to work on several provisions of the Protective Order

regarding access to confidential information by in-house counsel.

4. Counsel for all parties are actively conferring on this issue and believe they will

be able to come to an agreement during the next week.

5. Counsel for the Vonage Defendants have conferred with counsel for Sprint and

counsel for the Voiceglo Defendants who have indicated they do not oppose this request for an

extension of time to respond to Sprint's Motion.

6. The Vonage Defendants request that all Defendants be allowed until Monday,

February 27, 2006 to respond.

WHEREFORE, for the foregoing reasons, the Vonage Defendants respectfully request an

extension of time for all Defendants to respond to Plaintiff's Motion until February 27, 2006, and

for such other and further relief the Court deems just.

Respectfully submitted,

PATRICK D. MCPHERSON
DUANE MORRIS, LLP
1667 K Street, N.W.
Washington, DC 20006-1608
Phone: (202) 776-5124
Fax: (202) 776-7801

/s/ Patrick J. Kaine

DON R. LOLLI KS Dist. #70236
PATRICK J. KAINE KS #15594
DYSART TAYLOR LAY
COTTER & McMONIGLE, P.C.
4420 Madison Avenue
Kansas City, Missouri 64111
Phone: (816) 931-2700
Fax: (816) 931-7377

ATTORNEYS FOR DEFENDANT

VONAGE HOLDINGS CORP.
 Case 2:05-cv-02433-JWL Document 66 Filed 02/17/2006 Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify on this 17 day of February, 2006 that a copy of the foregoing was filed
electronically, with notice of case activity to be generated and sent electronically by the Clerk of
the Court, to:

B. Trent Webb
Adam P. Seitz
Eric A. Buresh
SHOOK, HARDY & BACON LLP
2555 Grand Boulevard
Kansas City, MO 64108-2613
Fax: (816) 421-5547
ATTORNEYS FOR PLAINTIFF

Scott C. Nehrbass
FOULSTON SIEFKIN LLP
40 Corporate Woods - Ste. 1050
9401 Indian Creek Parkway
Overland Park, KS 66210

Henry C. Lebowitz
James W. Dabney
Malcolm J. Duncan
FRIED, FRANK, HARRIS, SHRIVER
& JACOBSON LLP
One New York Plaza
New York, NY 10004-1980
ATTORNEYS FOR VOICEGLO HOLDINGS
AND THEGLOBE.COM

/s/ Patrick J. Kaine